Spousal support can be defined as a monetary fund that is paid by one spouse to the other for them to avoid financial hardships. Its eligibility is not dependent upon the gender of the spouse. The request can be made from either of the spouses for financial support.
In case a couple who has divorced, the numbers related to the amount and length of the payment are decided at the time of separation agreement. However, if this could not be achieved in a private settlement, the court takes the matter into hands and decides as to which spouse is in need of financial support based upon the economical crisis.
Virginia authority makes sure that this monetary support should not be conceived by the general public as a punishment to the partner who was the reason for the marriage to fail. However, it is equally necessary for the court to look into the matter of separation and assess the details of failure which will progressively decide the need of award if necessary. This can be understood by taking an example that if one spouse has been found guilty for the charges of a misdemeanor, physical, mental abuse, adultery, or any criminal offense, the spouse that is innocent is under no obligation by the law to pay any alimony or spousal support.
Deciding an Amount and Duration for the continuation of Spousal Support
Once the decision has been made about the rightfulness of the spousal support, there is a list of influencing factor that is further looked into to decide the amount, duration and frequency of the payments.
- What are the financial resources of the spouse as opposed to his needs and responsibilities? The resources evaluated include pension, retirement funds or profit sharing.
- The standard of living of the petitioning couple while they were married.
- How long the marriage survived
- Factors such as age and physical and mental well-being or any other special factor are taken into consideration
- If there is a child with special needs whose age or physical or mental requirements warrant the presence of a parent at all times, in turns, denying employment opportunities for that parent.
- The previous contributions made by each of the partners to the household. This includes both monetary as well as non-monetary contributions.
- The division of the marital property is also taken into account.
- Evaluating the skills, educational qualification or training to determine their potential for earning
- How much a spouse is able and possess opportunities to get the required education or vocational training or any necessary skill to enhance their chance for employment.
- What role has been played by each of the spouse to help the other in attaining their career or education how the parenting arrangement were carried out in this regard effecting their present and future potential for earning oppprtunities.
- Any other necessary factors that could affect the eligibility of the awads such as tax payments.
The order issued in light of all of these points can either be temporary or permanent specifying its eligibility limits.
When do you have to pay Spousal Support Virginia – call us at 888-437-7747.